Cloud computing is hardly a new topic for practitioners, but it continues to be one which many struggle with. Part of the reason they struggle is the lack of clear guidance from the law societies.

The greatest concern tends to be client confidentiality, Rule 3.3 of the Model Code. However, as I stated this past week at the Ontario Bar Association Institute, many of these concerns are largely overstated, and the resistance to cloud computing may in fact compromise other components of professional responsibility, including competence (Rule 3.1) and quality of service (Rule 3.2).

I even take the controversial . . . [more]

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : Le juge de première instance aurait dû individualiser la peine imposée à l’appelant, reconnu coupable de plusieurs infractions de nature sexuelle; afin de lui permettre de conserver son emploi, des peines d’emprisonnement discontinu de 90 jours sous chacun des chefs, à purger concurremment, sont substituées à la . . . [more]

The family justice system as we know it is in crisis. I think we’ve reached consensus on this point, as the truckload of recent reports from the national Action Committee on Access to Justice in Civil and Family Matters, the Canadian Bar Association and a handful of law societies seems to suggest. Whatever disputes are left likely centre on the extent to which the system needs to be rebuilt, how it ought to be rebuilt and how the rebuild will be funded.

In recent commentaries I have expressed the view that how we do family justice needs to be . . . [more]

You stretch, get out of bed, fling on something warm, and open the front door to gaze out at the day. If what you see is acres (or hectares) of fields or forests or snow or ocean, i.e. nothing, then… nevermind. Make your coffee, go back to bed, spend the day in your onesie — whatever. You’ve already provided yourself with the geographical solution to the problem of other people, the problem typically known as civilization. The rest of us, rejoicing in city life, must cope elsehow.

We do that basically by taking great care not to bump into each . . . [more]

Is the debate over Alternative Business Structures in the legal profession dead on arrival before it truly begins? I don’t know.

Among the most active participants in the current debate, things are hardly over. But from my perspective, the volume and passion of the opponents of ABS is such that much of the potential discussion risks foreclosure. If ya ain’t fer us (the opponents), yer agin’ us!

The opponents raise many valid concerns that warrant further exploration, most significantly the risk to the public interest if a lawyer’s duty to the client and her ethical obligations could be comprised by . . . [more]

Each Thursday we present a significant excerpt, usually from a recently published book or journal article. In every case the proper permissions have been obtained. If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form.

Canada’s International Human Rights Obligations and the Tragedy of Missing and Murdered Aboriginal Women

Julie Mouris, J.D./M.A. (International Affairs) Candidate, 2015 | University of Ottawa / Carleton University
(2014) 1 Windsor Rev Legal Soc Issues — Digital Companion 32

Excerpt: Parts I and II

[Footnotes omitted. They can be found in the original . . . [more]

In Roe v British Columbia Ferry Services Ltd, a British Columbia trial judge made too many assumptions and not enough findings of fact when he decided that an employee’s dishonest conduct was “trifling,” “relatively minor” and not sufficient to justify termination. The Court of Appeal ordered a new trial for the employee after finding that the trial judge made a “palpable and overriding error” due to his failure to undertake an objective contextual analysis, as required for cases of alleged just cause.

The time has come to begin seriously considering whether to separate the long-fused offices of Attorney General and Minister of Justice. The Attorney General is responsible for providing legal advice to the executive branch of government and for representing the government in all legal proceedings. In certain matters, the Attorney General is supposed to act completely independently in the public interest without reference to partisan politics. The Attorney General is known as the “defender of the Rule of Law” and indeed, under federal and provincial legislation, the AG is charged with seeing “that the administration of public affairs is in . . . [more]

Recently, I read this post from the University of Manitoba’s news feed about how pharmacy technician students from the Manitoba Institute of Trades and Technology (MITT) are being trained through the university. The two institutions, U of M and MITT are working together in a unique way delivering a multi-disciplinary, peer-led education experience. Here’s how it works:

“…students from Pharmacy, Social work, and Rehabilitation Sciences provided a presentation to Pharmacy Technician students, teaching the role of each practitioner within a Pulmonary Rehabilitation program.”

Advit Shah, (B.Sc. Pharm, U of M) Pharmacy Technician Program Coordinator at MITT and event organizer says . . . [more]

The US FTC just released a report entitled internet of things – Privacy & Security in a Connected World. Its a worthwhile read for anyone interested in the topic. It should be a mandatory read for anyone developing IoT devices or software. A summary of it is on JDSupra.

The conclusion of the FTC reports reads in part:

The IoT presents numerous benefits to consumers, and has the potential to change the ways that consumers interact with technology in fundamental ways. In the future, the Internet of Things is likely to meld the virtual and physical worlds together . . . [more]

Resume drafting is it’s own unique torture. First, there’s pressure because you very much want to secure a new job. Second, you can no longer recall much of what you did even a year ago. And on top of that it is really hard to sell yourself. For those of you who have started the New Year with a search for greener career pastures here are 5 tips to help you to create a resume that succeeds at highlighting your unique strengths.

Tip One – Include a summary

The big challenge for job hunters is that the common approach to . . . [more]

Each Wednesday we tell you which three English-language cases and which French-language case have been the most viewed* on CanLII and we give you a small sense of what the cases are about.

For this last week:

1. Moore v. Getahun, 2015 ONCA 55

[63] Consultation and collaboration between counsel and expert witnesses is essential to ensure that the expert witness understands the duties reflected by rule 4.1.01 and contained in the Form 53 acknowledgment of expert’s duty. Reviewing a draft report enables counsel to ensure that the report (i) complies with the Rules of Civil Procedure and the . . . [more]